<div class="chunk-title">Sec. 16-49. - Noise and shadow flicker.</div>
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               This section shall only apply to large wind energy facilities. Noise and shadow flicker
               issues for small and medium wind energy facilities are addressed by setbacks, or will
               be addressed by an existing noise ordinance.
               
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                  (1)
                  
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                  Audible sound from a large wind energy facility shall not exceed 55 dBA, as measured
                  at any occupied building of a nonparticipating landowner.
                  
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                  (2)
                  
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                  Shadow flicker at any occupied building on a nonparticipating landowner's property
                  caused by a large wind energy facility located within 2,500 feet of the occupied building
                  shall not exceed 30 hours per year.
                  
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                  (3)
                  
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                  Noise and shadow flicker provisions may be waived if the following conditions are
                  met:
                  
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                  a.
                  
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                  Property owners may waive the noise and shadow flicker provisions of this article
                  by signing a waiver of their rights;
                  
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                  b.
                  
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                  The written waiver shall:
                  
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                  1.
                  
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                  Notify the applicable property owners of the noise and flicker limits required by
                  this article;
                  
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                  2.
                  
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                  Describe how the wind energy facility is not in compliance;
                  
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                  3.
                  
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                  State that consent is granted for the wind energy facility to waive the noise and
                  flicker limits as required by this article; and
                  
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                  c.
                  
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                  Any such waiver shall be signed by the applicant and the nonparticipating landowners
                  and recorded in the deeds office where the property is located.
                  
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            <p class="historynote0">
               (Ord. No. 2008-10-01, art. 7, 11-3-2008)
               
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